Aipedia: Dentists

Telling dental patients you use AI

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

There is no GDC rule yet requiring dentists to tell patients about AI, but consent, data protection and NHS England scribe rules mean openness is usually the right approach. Patients who discover undisclosed AI use after something goes wrong are more likely to complain.

Part of: AI in Dentists

In short

The GDC has no AI-specific disclosure rule. Several duties point the same way: Principle 3 requires valid consent where AI influences diagnosis or treatment; NHS England's ambient scribing guidance requires patients to be told before a scribe is used; data protection law requires privacy information, and automated decision rules carry extra safeguards. National Commission recommendation 35, accepted by the government on 6 October 2026, concerns telling patients when AI is used. A practical approach combines a privacy notice, a brief explanation at the point of care and a note of the AI's role in the record.

Why disclosure is now a live question

AI can be involved in dental appointments without patients noticing: an overlay on their radiographs, a scribe drafting the note, a risk score setting their recall, a chatbot booking the visit. Some patients may not mind, but others may expect to be told. The question has moved from whether disclosure is polite to whether it is required.

It also matters for trust. Patients can read their own records and ask how decisions were made. A practice that explains its use of AI in advance is in a stronger position than one that has to explain it for the first time in response to a complaint, when it can look as though something was being hidden.

What the rules say

GDC: the Standards for the Dental Team do not mention AI. Principle 3 requires valid consent, explaining relevant options and making sure patients understand the decisions they make, which is relevant where AI influences diagnosis or planning.
NHS England: its ambient scribing guidance requires patients to be told when a scribe is used.
National Commission: the government response of 6 October 2026 accepted all 44 recommendations, including recommendation 35 on telling patients when AI is used.
Data protection: radiographs, scans and notes are special category health data. Under section 80 of the Data (Use and Access) Act 2025, significant decisions based solely on automated processing of health data need explicit consent or another legal basis with safeguards, including the right to human review.

What to tell patients, and when

A layered approach can work well:

Privacy notice: list the kinds of AI tool used, what data they process, which suppliers are involved and how patients can object or ask questions.
Before recording: tell patients before an ambient scribe starts and record their response.
At the point of care: when AI contributes to a diagnosis or plan, say so briefly and make clear you made the decision.
Patient-facing tools: make it obvious when a patient is dealing with an automated agent rather than a person.

One defence organisation's AI framework uses an INFORMED checklist at the point of care, which is a useful structure for this conversation.

What can go wrong

Illustrative scenario: a patient asks for a copy of their records after a disputed filling and finds a note saying "AI caries detection: 3 lesions". They had not been told AI was used and now believe the computer decided their treatment. The complaint focuses on the undisclosed AI rather than the clinical issue, and the notes do not show what the dentist found independently.

The clinical position may be sound, but the lack of openness makes the complaint harder to resolve. In claims, indemnity usually still responds to the underlying negligence allegation, subject to its terms. One defence organisation's published position offers help with AI only where a human remains the decision maker, so the record should make that visible.

Recording the AI's role

One defence organisation's AI framework includes a RECORDS checklist for documenting the role AI played and the clinician's decision. In practice, note the tool used, what it suggested, what you found, whether you agreed, and what you told the patient. See our guide on what to document about AI use.

Practical controls

Update the privacy notice to cover each AI tool.
Agree a short form of words the team uses to explain AI.
Offer an alternative where a patient objects and it is practical.
Record disclosure and any objection in the notes.
Review the approach when the PSA-led principles or GDC guidance appear.

How Apex helps

Apex arranges indemnity for dentists. A broker reviews your cover and how it treats AI-assisted care where patients were, or were not, told about the AI involved.

Sources

Frequently asked

Do I have to tell patients that AI reads their X-rays?

There is no specific GDC rule yet. Consent duties under Principle 3, data protection transparency and National Commission recommendation 35 all point towards telling patients, especially where the AI influences a diagnosis or plan. A brief explanation and a privacy notice entry usually work.

Can patients refuse AI?

Patients can object, and NHS England guidance expects them to have the chance to object to an ambient scribe. Where an alternative is practical, offer it and record the decision. Fully automated significant decisions about health data also carry a right to human review.

Does telling patients change my liability?

Disclosure does not shift responsibility to the patient or the supplier. It supports valid consent and trust, and it makes complaints easier to resolve. Your notes still need to show that you made the clinical decision.

Is a privacy notice enough on its own?

For background processing, such as booking systems, it may be. Where AI contributes to a diagnosis or treatment plan, or records the consultation, a short explanation at the time is better practice and supports valid consent. Record that it was given.

Check your indemnity covers how you use AI

Tell us about your practice and the work you do. A broker will review how your current cover treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.